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OTTAWA—The Conservative government says it will not revoke the citizenship of a Canadian-born citizen convicted of terrorism as long as the individual renounces a dual nationality — even if the corresponding country refuses to recognize renunciation.

Faced with a torrent of criticism and threat of a legal challenge, Citizenship Minister Chris Alexander insisted Thursday that any actions under a new law to change the Citizenship Act will respect the Constitution and Charter of Rights and Freedoms.

Citizenship Minister Chris Alexander said Thursday that a new law to change the Citizenship Act will respect the Constitution and Charter of Rights and Freedoms. (Adrian Wyld / THE CANADIAN PRESS file photo)

Bill C-24 makes Canadian citizenship harder to get and easier to lose by toughening residency and language requirements and creating new grounds for revocation, along with imposing stiffer penalties for fraud.

Alexander and his officials attempted to clarify what would happen to Canadian-born dual citizens convicted here or abroad of serious terrorism, treason or espionage offences (that carry a penalty of five years or more). He stressed a convicted offender wouldn’t have to worry if he didn’t hold dual citizenship.

Toronto lawyer Rocco Galati says countries like Iran recognize as its citizens people who are born “five generations out” whether they want to be its citizens or not.

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Alexander said: “There is a way of renouncing every citizenship. No one in our country can be forced to be a citizen of any country. And under the laws of Canada, citizenship can be renounced, either ours or those of other countries.”

“That might not resolve a difference of opinion with Tehran or other capitals who consider someone to be a citizen. But in our eyes,” Alexander said, the individual would be — as a Conservative senator suggested — assumed to be a citizen of Canada not subject to revocation of their Canadian passport.

Asked about concerns in cases like that of Egyptian-Canadian journalist Mohamed Fahmy, on trial in Cairo on what supporters say are trumped-up terrorism charges, Alexander’s director general on the file, Nicole Girard said: “The first question is: is the individual now a dual citizen; if they’re not the provision don’t apply.”

Alexander said the government would weigh whether a trial abroad that convicts a Canadian of terrorism or spying was fairly conducted. That assessment would look at whether the convicting country is democratic with an independent judiciary, due process and trial proceedings that respect human rights and the rule of law — an evaluation that would be made by the government, not public servants, which itself would be subject to judicial review, said Alexander.

He said a targeted individual would have the chance to make written submissions and 30 days to apply for leave to appeal from the Federal Court, where he said the bar is “quite low” and judicial review is likely.

Bill C-24 is now in its final stages of study, with the government hoping to pass and enact it before Canada Day.

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Critics warn its requirements for longer physical residence in Canada (four out of six years), greater language proficiency, and easier revocation provisions will not only deter new immigrants from settling here, but also create two classes of citizenship, with greater negative impact on those who acquire citizenship through naturalization.

In recent days, however, additional concerns were flagged about the bill’s power to strip citizenship from Canadian-born citizens who may hold, through no voluntary act of their own, another citizenship recognized by foreign governments like Iran or Egypt.

The Canadian Bar Association says revoking Canadian citizenship amounts to exile or banishment, and is an additional criminal punishment that violates the Charter of Rights guarantee that citizens have the right to enter, leave or remain in Canada. They fear it will be a slippery slope, expanded in the future to include other serious offences.

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